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HomeMy WebLinkAbout2477ORDINANCE NO. 2477 AN ORDINANCE of the City of Port Angeles granting to James River Corporation of Nevada, its successors and assigns, the right to construct, maintain and operate electric power lines by means of poles and wires or other means of conducting electrical energy to be erected on certain streets, alleys, and other places in the City of Port Angeles, and repealing Ordinances No. 1035, 1038, 1200 and 1343. WHEREAS, the City of Port Angeles by its Ordinances No. 1035, 1038, 1200 and 1343, heretofore granted to Crown Zellerbach Corporation, its successors and assigns, the right to construct, maintain and operate certain electrical power lines and distribu- tion systems in the City of Port Angeles; and WHEREAS, Crown Zellerbach Corporation changed its name to James River Corporation of Nevada; and WHEREAS, said James River Corporation of Nevada has at all times since said name change maintained and operated said electrical distribution system for its own use; and WHEREAS, said Ordinances No. 1035, 1038 and 1343 gave and granted unto the operator of said electrical transmission system the right to maintain such power lines for a period of twenty -five (25) years from and after the third day of February, 1955, and the period prescribed in said Ordinances has expired; and WHEREAS, Ordinance No. 1200 no longer adequately and clearly describes the area over which the electrical trans- mission system is now located; and WHEREAS, it is necessary for the benefit of James River Corporation of Nevada and the City of Port Angeles that a new franchise be now granted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: -1- Section 1. Grant of Authority. The City hereby grants unto James River Corporation of Nevada and its successors and assigns (hereinafter called the Company) the right, privilege, license, authority and franchise to erect, maintain and use, consistent with the terms of this ordinance, poles, wires, cables or other suitable facilities for the transmission of electrical energy over, along and across the streets, alleys and other places in the City of Port Angeles, as generally indicated by the map attached hereto as Exhibit "A ", and as specifically described in the description attached hereto as Exhibit "B ", which Exhibits A and B are incorporated herein by this reference. Section 2. Non - Exclusivity. This franchise is not exclusive, and the City reserves the right to grant a similar use of streets, alleys and other places to any other person or entity at any time during the period of this franchise; provided that any such future grant shall not interfere with the franchise granted to the Company herein. Section 3. Term. This franchise is granted for the purpose of extending to the Company for a period of twenty -five (25) years from and after the 15th day of February, 1988, the right of maintaining its electrical transmission system together with the right to install such other means, equipment or devices as shall be necessary to maintain and operate the Company equipment for the purpose of transmitting electric current to the Company, and any subsidiary company either now served or hereafter established and the successors and assigns of the Company. Section 4. Compliance with Laws, Rules and Regulations. At all times during the term of this franchise, Company shall comply with all applicable laws, rules and regulations of the United States of America, the State of Washington, and the City of Port Angeles, including all agencies -2- and subdivisions thereof. Company shall be subject to the lawful exercise of the police power of the City and to such reasonable regulations as the City may from time to time hereafter by resolution or ordinance provide. Any privilege claimed hereunder in any street or other public property shall be subordinate to any prior lawful occupancy of the street or other public property. Section 5. Company Liability, Indemnification of City, and Insurance. (1) Company shall at all times conduct its operation under this franchise, including installation, construction or maintenance of its facilities, in a safe and workmanlike manner so as not to present a danger to the public or the City. (2) The Company shall and does hereby agree to save the City harmless by reason of any damage or claim of damage to persons or property or to the City of Port Angeles arising from or in any way growing out of the erection, installation or other maintenance of the poles, wires and other equipment of the Company herein provided for, but the Company shall not be liable for any damage arising out of the use of such poles or other equipment installed thereon by the City. (3) The franchise shall not be effective until Company secures, and shall at all times be conditioned upon Company maintaining, a comprehensive liability insurance policy which shall contain the following provisions: (a) Bodily injury policy limits of $1,000,000 for each occurrence; -3- (b) Property damage policy limits of $1,000,000 per occurrence; (c) Automobile insurance in the following amount: Bodily injury per occurrence $1,000,000 Property damage $1,000,000; (d) An endorsement for completed operations coverage; (e) A designation of the City, its officers, agents and employees, as additional insureds for liability arising from or in connection with this franchise; (f) A certificate evidencing insurance as described in this franchise shall be filed with the City Clerk. Section 6. Construction. The construction, operation and maintenance of Company's facilities within the City's right- of-way shall follow the best practices of electric transmission system construction and shall be such that it will be compatible and not materially interfere with the free passage of traffic and /or pedestrians, the free use of adjoining property, and public utility services as provided elsewhere in this franchise. Installation, clearances, construction, operation and maintenance shall conform to the applicable provisions of the National Electrical Safety Code and Washington State Electric Construction Code. Section 7. Conditions of Street Occupancy. In addition to the City's Right -of -Way Use Ordinance and other applicable laws, Company shall comply with the following provisions: (1) Use. All transmission and distribution structures, lines and equipment erected by Company within the -4- City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or public ways or places. (2) Restoration. In case of any disturbance of pavements, sidewalks, driveways or other surfacing by Company, the City shall be immediately notified. The City shall make the necessary repairs which will be paid for by Company. (3) Relocation. If at any time during the period of this franchise the City shall lawfully elect to vacate, repair, alter, relocate or change the grade or width of any street, alley or other public way, Company, upon reasonable notice by the City, shall remove and relocate its poles, wires, cables, underground conduits, manholes, or other distribution /trans- mission facilities at its own expense; provided that the City shall bear the cost of moving its own equipment, including poles owned by the City and all equipment installed upon the Company's poles. (4) Placement of Facilities. Company's construction must conform to the practices of the municipal utilities, electrical, telephone and others, and be compatible with their use of facilities and equipment. Company's technical facilities shall not be placed where -5- they will interfere with any other facilities and equipment of the City. All facilities placed in the streets and alleys shall be subject to approval by the City. To facilitate such approval the City may require the submittal of two (2) copies of plans for approval ten (10) working days before construction. When it is necessary for the City to move the facilities of or perform other services for Company, it shall be done at the expense of Company. (5) Temporary Rearrangements of Facilities. Company shall, upon receipt of ten (10) days' written notice from anyone desiring to move a building or other object, according to City ordinances regulating the moving of buildings, arrange to temporarily raise, lower or otherwise move its facilities to permit the moving of buildings or other objects if the person wishing to move the building or other object makes a reasonable arrangement to reimburse Company for its expenses in rearranging its facilities. (6) Tree Trimming. Company may trim trees upon or overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches from coming in contact with the facilities of the Company, all trimming to be done under the supervision of the City and at the expense and liability of Company. -6- (7) Underground. Company will place its distribution facilities (15 kv and below) underground where and at such time as other utilities' distribution facilities, which have been overhead, are moved underground. (8) Elimination of Interference. The Company shall at such times as the City shall direct, and in compliance with applicable federal standards, wash the insulators and other installations carried upon its pole lines, and shall also at such times tighten all loose hardware upon its said pole lines, or take such measures as may be necessary to eliminate as far as practical unnecessary radio or television interference. (9) Location of Poles. In installing the poles herein provided for and licensed, the Company shall, whenever possible, set its poles to correspond to the present location of the light poles of the City of Port Angeles, to the end that the least possible duplication of existing poles shall result from the installation herein licensed along the streets and alleys above named. Whenever poles of the Company shall be installed to take the place of existing poles of the City, as hereby provided, the cost of transferring the City's wires and equipment from its own poles to those installed by the Company shall be borne entirely by the Company. -7- (10) Insulators. All lines hereafter constructed by the Company under authority of this ordinance and all replacements hereafter made by the Company pursuant to the authority herein granted shall be installed upon insulators of sufficient type and size to carry a phase -to -phase voltage actually carried upon such lines. Current carrying capacity of such lines shall be more than twenty (20) percent of the peak current actually carried upon such lines. Section 8. City Rights in Franchise. (1) City Supervision and Inspection. The City shall have the right to approve all plans, construction or installation of Company facilities relating to the provisions of this ordinance and to make such inspections as it shall find necessary to ensure compliance with governing laws, rules and regulations. (2) Acquisition of Facilities. Upon any termination of this franchise, whether before the expiration of the franchise or upon expiration or by any abandonment of the franchise by Company, all technical facilities installed or used by Company shall be removed by Company at Company's expense and the property upon which the technical facilities were used restored by Company to the condition it was in before installation or use by Company, except that City or its designee shall have the following option after termination: (a) City or its designee may elect to acquire all of Company's technical facilities inside the City for their then fair market value; -8- (b) "Fair market value" shall be determined by a broker or other person recognized as competent in appraising such facilities and mutually acceptable to City and Company. Section 9. Franchise Compensation. (1) As compensation for the franchise granted by this ordinance, and in consideration of the right herein granted Company to use public property which Company is not by law otherwise authorized to use, Company shall pay to City an amount equal to $250.00 per year and shall grant the City the right, privilege, license, and authority to use Company's poles for the transmission of electrical energy over, along and across the streets, alleys and other places in the City of Port Angeles as generally indicated in Exhibit "A" and as specifically described in Exhibit "B ", such uses to be limited to the lower thirty -five (35) feet, measured from the ground. (2) The fee required by this section shall be due and payable on or before the 15th day of February for the preceding twelve -month period. (3) City's acceptance of any payments due under this section shall not be considered a waiver by City of any breach of this franchise. Section 10. Termination of Franchise. Upon the failure of Company, after sixty (60) days' notice and demand in writing, to perform promptly and fully each and every term, condition or obligation imposed upon it according to this ordinance, the Council may, at its option and in its sole discretion, which discretion shall be reasonably applied, by ordinance or resolution, terminate this franchise. -9- Section 11. Remedies Not Exclusive - Waiver. All remedies under this ordinance, including termination of the franchise, are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this ordinance, including termination of the franchise, are not exclusive, and the City reserves the right to enforce penal provisions of any ordinance and also to use any remedy available at law or in equity. Failure to enforce any provision of this ordinance shall not be construed as a waiver of a breach of any other term, condition or obligation of this ordinance. Section 12. Acceptance of Franchise. Within thirty (30) days from the date of passage of this ordinance, Company shall file with the City Clerk, on a form to be provided by the City Clerk, a written unconditional acceptance of this franchise and all of its terms and conditions, including waiver of any rights Company may have which are in conflict with the terms of this franchise, and if they fail to do so, this ordinance shall be void and of no effect. Section 13. Severability. If any section, subsection, sentence, clause or portion of this ordinance is for any reason held invalid or rendered unconstitutional by any Court of competent jurisdiction, such portion and such holding shall not affect the constitutionality of the remaining portion hereof. If for any reason the franchise fee is invalidated or amended by the act of any Court or governmental agency, then the highest reasonable franchise fee allowed by such Court or other governmental agency shall be the franchise fee charged by this ordinance. Section 14. Repealer. Ordinances No. 1035, 1038, 1200, and 1343 are hereby repealed. -10- Section 15. Effective Date. This ordinance shall take effect five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting February, 1988. ATTEST: Sherri of said Council held on the 2nd day of M A Y O R L. Anderson Sherri L. APPRO Anderson, City Clerk AS TO FORM: Craig nutson, City Attorney PUBLISHED: (--:, /CU /29, MILL SITE EDIZ HC,OK Ra-r A.NCnELES HARCOR Ic411JA'{ Ill EL4 -A1-% A DAM L.NCE 41-DWELL 1-fie-44 I-34:1 lot Id W �1 7 = 1 EL I.A IA CAMP a gOu44, J 111 LI TILE. RI VER otkRK ¢,ouNDRY ALTARE c4MPGIZoUt -ID GL11`.tES DAM LAKE MILLS w N D O P 0 s SONN I V ILLS SUB- 57ATICN E EXHIBIT Al 71-1 ESE STREETS) ALLEYS, ALIO O11-t -2 RIC*I -IT of [JAYS OESIGkJA-fED SY TFIb- REU7 LI KlE CITY OF STRAIT OF JUAN DE FUCA Port Angeles _...._ . ) *E WASHINGTON �,. "" ZIP — 98362 L ° —.t. 1987 STREET MAP HILL srre a E'F41&IT Az % t TN ESE STIZf"ETS , A LL -YS Al--1D OTNF R —J /' v.� i THE s v' LINE pESICaI�IATED 1st • S p � . it Jyy, ���,s�A� -. T ANGELES BOAT HAVEN i� 4%. m". "i��® `roes WILl1AM R.fA1RCHR° � � t PORT ANCRES ir PM AIRPORT "\' 40® I_ ```� `_ " /L.�m.rooa PORT \.i. ® �����® "tiff '^�IJ/ ron urnuannn • N°Uf1RIAL ® ® ®'�I'�����,,� t'�.('J1� IfOaOwYrtuP PARK' . �I�_ 74 1' yam, `; \ 4,,, v4 '»z. air %4. .my`3 _ �P•• _ _ ■`mil �v ..i .issam,.._„ vor, .., amerg..... 24 N. , Tr _ Par 4T i Atioirstai, ak... /b, ab. ST al, . g ma:: .. .o.. � E if aronc ���. nxixwuco.uu Si / yF 'n n. Isle�o b' I J: EXHIBIT "B" Beginning at the Westerly bus position of James River Corporation of Nevada (formerly Crown Zellerbach) at the Bonneville Power Administration's Port Angeles substation; thence Northerly to Lauridsen Boulevard; thence Westerly along Lauridsen Boulevard to the intersection of Lauridsen Boulevard and Valley Street; thence Northerly along Valley Street to the inter- section of Valley Street and Third Street; thence Westerly along Third Street to the intersection of Third Street with Marine Drive; thence Westerly along Marine Drive to a point 250 feet, more or less, North of the Southerly line of Ediz Hook Lease Lot 41; Also, beginning at the Northeast corner of Lauridsen Boulevard and "M" Street; thence Easterly along Lauridsen Boulevard a distance of seven hundred and fifty (750) feet; thence Northerly on a line parallel to "M" Street for a distance of seventeen hundred and fifty -eight (1,758) feet; thence Westerly to the Easterly margin of "M" Street; thence Northerly to vacated Third Street; thence Easterly along vacated Third Street to "K" Street; thence Northerly on "K" Street to Marine Drive; thence in a Westerly direction along Marine Drive to a point 250 feet, more or less, North of the Southerly line of Ediz Hook Lease Lot 41; Also, beginning at the Northeast corner of "M" Street and Lauridsen Boulevard; thence Southwesterly for approximately seven hundred and fifty (750) feet; thence Southerly to Edgewood Drive; thence Westerly along Edgewood Drive to the City Limits; Also, beginning at the Northeast corner of "M" Street and Lauridsen Boulevard; thence Southerly along Airport Road to the intersection with Edgewood Drive; thence Westerly along Edgewood Drive approximately twenty -one hundred (2,100) feet; thence Southwesterly to the City Limits; Also, beginning at the Northeast corner of "M" Street and Lauridsen Boulevard; thence Easterly along Lauridsen Boulevard to the intersection with Valley Street; Also, beginning at the intersection of Third Street and Valley Street; thence Northerly along Third Street to a point opposite the bus position at City Light's Second and Valley substation; thence Westerly into City Light's bus position.